GUILTY VA - Nicole Lovell, 13, murdered, Blacksburg, 27 Jan 2016 #8

[Elainera]

Annie Andersen
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@Annie_Andersen
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Nicole's mom hugs the Commonwealth's attorney Mary Pettitt

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Hi all, just catching up.

This photo of Nicole's mom hugging the prosecutor just made me cry. I'm so sad for her.

I'm glad he changed his plea. They must have thought, for some reason, that this damaging evidence will not be presented.

Back to catching up ...

 

[cujenn81]

For those who've enjoyed this sheriff's officer's facial expressions.

DE signing his changed plea document

https://www.google.com/amp/www.nyda...ads-no-contest-slaying-girl-article-1.3810617

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Classic!!


Sent from my iPhone using Tapatalk

 

[BUF]

Pleading no contest to a criminal charge is similar to pleading guilty, but legally speaking, there are some significant differences that defendants should keep in mind.

Laws in almost every state allow for pleas of no contest, or nolo contendere in Latin, for certain types of cases. No contest means you’re conceding the charge without admitting guilt and without presenting a defense.

But unlike a plea of guilty or innocent, a defendant must get a court’s consent to plead no contest, which comes with certain legal consequences. Here are three things every defendant should understand:

Court discretion
.......
A judge must also make sure a defendant is knowingly and voluntarily pleading no contest. This means the defendant’s plea can’t be influenced by threats or promises, and she must fully understand the charges and legal consequences of pleading no contest.
.......
Legal advantages

By pleading no contest, a defendant can avoid going to trial on the criminal charge. This can be advantageous if a trial’s outcome is uncertain or if a defendant doesn’t want facts in the case to be aired out in public.
......
Legal disadvantages

Still, pleading no contest doesn’t mean a defendant is totally off the hook. Legally speaking, a no contest plea has the same effect as a guilty plea or a conviction when it comes to sentencing. So just because you’re pleading no contest and avoiding the hassle of a trial, don’t necessarily expect the judge to be lenient.

http://blogs.findlaw.com/blotter/2012/10/how-does-guilty-differ-from-no-contest.html

 

[Bravo]

Wonder what those Lawyers are thinking in that pic (lol) Thank gawd this over and we don't have to deal with him anymore. We told the little punk to this months ago. All this work and I didn't get to present. Thank gawd I don't have to get up and present such a lame defense. Lunch and drinks are on you..........

 

[Jinkasaurus]

I wonder whose idea it was to do this. What do you all think? Did the lawyers suggest it, or did David Eisenhauer decide to give up?

 

[BUF]

I wonder whose idea it was to do this. What do you all think? Did the lawyers suggest it, or did David Eisenhauer decide to give up?

My guess it was the lawyers and his parents

 

[sweetcaro]

Wow, very surprised at this turn of events, but super pleased. When is he sentenced?

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[BUF]

Annie Andersen
@Annie_Andersen
·
3h
Sentencing for #davideisenhauer is set for May 22 and 23. That is where friends and family from both sides are called to testify. The judge listens, looks at the sentencing guidelines for the charges and the person and then decides on a punishment. @ABC13News


Then off to prison he goes...

 

[fred&edna]

I've wondered too about DE's fear being so great that it led him down his path. I don't know, but I will say his parent's body language bothered me greatly. To me, it spoke volumes about how the family interacted. There was a lot of stoic distance. When DE's mom was collapsing, there was no comforting from the spouse. The parents left the courtroom early; left their son alone to deal. Please don't anyone take this as blaming. I grew up in the generation of "let's sweep this under the rug and not talk about it". But it's worth noting, sadly, that there maybe wasn't much comforting/closeness going on during DE's upbringing.

I think one of a parent's biggest fear is that their child wouldn't choose coming to them over some way-screwed-up dilemma out of fear of disapproval.

Thank you for your reply and particularly the BBM part. I didn't realize until later that's how my post could easily be interpreted (blaming) but was not what I intended. (Sometimes, my brain and my heart - as well as my typing fingers - work independently, thus my posts are often much too harsh. I really need to work on this!)

 

[Elainera]

I think here we have the reason why he changed his plea today (sorry if already posted):

The next evidence jurors would hear was going to be messages taken from the cellphones police took from Eisenhauer and Keepers. Late in the day Thursday, the defense objected that it had not been proven that Eisenhauer actually wrote the messages sent from his phone.

When Turk said that he was satisfied that the messages were Eisenhauer’s — Blacksburg Det. Deziree Twigger, one of two lead investigators in the case, took the phone directly from Eisenhauer, the judge noted — the case came to a quick end.

bbm

http://www.roanoke.com/news/crime/m...cle_b05c78e5-3dcb-5ec1-8b36-2dd4457aef73.html

Defense was hoping that the judge would not be satisfied that he actually wrote all those messages.

 

[1&2&3]

If David was so fearful of his parents, I doubt they knew every minute detail of the way their son thought and acted which would be revealed from the messages.

IMO, this would be enough for David to decide to plea. He couldn’t go to his parents for help when he found out Nicole was so young. Can you imagine his fear of them hearing the messages?!

The parents were aware of the basic facts, but not the low down details. IMO. David was confident his high priced lawyers would save the day for him, as were his parents.

This is such a sad story. Three young people whose lives are ruined with one being dead. Three families lives torn to shreds from which they will never recover.

 

[BUF]

Someone had asked if he could appeal a no contest...

https://www.wsls.com/news/virginia/new-river-valley/eisenhauer-pleads-no-contest-in-murder-trial-

By pleading no contest, he waives his right to a trial along with his right to defend himself or make an appeal in the case. He is not admitting he is guilty but is not denying the charges.

 

[Elainera]

He began messaging B.B. about plans to get rid of Nicole, writing in January 2016 that he and a friend in the military planned to murder her.

bbm

http://www.roanoke.com/news/crime/m...cle_b05c78e5-3dcb-5ec1-8b36-2dd4457aef73.html

Is this were the rumors about a third person being involved came from?

 

[wyome]

Thank you for your reply and particularly the BBM part. I didn't realize until later that's how my post could easily be interpreted (blaming) but was not what I intended. (Sometimes, my brain and my heart - as well as my typing fingers - work independently, thus my posts are often much too harsh. I really need to work on this!)

Oh wow, my "blaming" comment was NOT directed at you at all!! Your comment struck at chord and I appreciate the opportunity to vent, so thank you!!

I tend to "preface" most of my comments so I don't set-off easily offended people. You post was perfect, no harshness at all

 

[Inthedetails]

I wonder whose idea it was to do this. What do you all think? Did the lawyers suggest it, or did David Eisenhauer decide to give up?

I think it was planned in advance. They went into the trial with the hopes that certain evidence wouldn't be allowed. If the evidence wasn't allowed, they were going hard press with a "reasonable doubt" approach.

If the evidence would be allowed, I think the plan was to plead no contest right away. It went so fast that I do think it was planned in advance by the lawyers with DE.

Too bad it was Plan B instead of Plan A.

jmo

 

[Elainera]

Question: why did he not take an Alford plea and maintain that he's innocent?

 

[ElizabethAnne]

OMG its worse than I thought. How and why would he tell a 15 yr old girl that he was planning on murdering Nicole. I'm sorry but I hope to god that if ever anyone tells my 16 yr old daughter ANYTHING like that she runs to show me the message and we then phone the police.
IMO he seems to have found and preyed on vulnerable young girls.

He was probably planning to murder "B.B." next. What a sociopath.

 

[ElizabethAnne]

Things I'm wondering about:

I am still bewildered by DF's reasoning and actions. I mean... reportedly DF feared his parents finding out about Nicole. Was that fear (combined with his arrogance and stupidity) so great that it actually motivated him down the path to kill??

And, the high-priced defense were privy to the evidence before trial so I have to wonder if they (by choice, or at the request of their client-DF) chose not to share all this with his parents (and cried all the way to the bank) OR if DF's parents actually opted not to know the details??

I think that everything between the attorney and DE was attorney client privilege and the parents knew nothing and the attorney was trying to get all of the evidence inadmissible.

 

[BrownRice]

I wonder if DE is going to testify in NK's trial? Even if found guilty, can't imagine she won't get out of prison while she is still pretty young.

 

[watergirl62]

bbm

http://www.roanoke.com/news/crime/m...cle_b05c78e5-3dcb-5ec1-8b36-2dd4457aef73.html

Is this were the rumors about a third person being involved came from?

There was a defense team mole posting here from inside the court room. Planting seeds of defense theory and spin but they couldn't become a VI or they would have to testify. Whatever. Game over. [emoji57]